Linus

I have had my S2k (reg. Mar.'00) for a couple of months now, having purchased it from Brighton Honda.

Today I took it to my local dealer (Brown's Honda, Loughton) to have an oil and filter change (c

Dog Biscuit

[QUOTE]Originally posted by S200OAT
[B]In addition they told me that the creaking was coming from severly corroded rear disks that weren't

Lurking Lawyer

I'm not sure whether brake discs would be considered to be consumables or not, and I confess that I've not really read the wording of the Honda warranty in sufficient detail to recall whether they would be covered by it.

What constitutes "satisfactory quality" is one of those questions like "how long is a piece of string?" - it doesn't have any general answer. The courts have repeatedly refused to issue general principles and insist on treating each case on its own facts. One of the factors that the court will look at in determining whether it is satisfactory quality is whether the goods are new or used and, if the latter, how old they are.

Dom, did you notice the disks when you bought the car? Were they corroded then? What I'd imagine the dealer will do is simply claim that they were like that when you bought it, and that you knew (or ought to have known) what you were buying - caveat emptor and all that.

As for the wrong oil filter, did Honda tell you that they'd checked the car over before you bought it? If so, it's going to be hard for them to try to argue that it wasn't their job to notice it. If they didn't, they might just say that they bought the car in that condition and were under no obligation to check - and to be fair to them, that's probably the case. So, unless you can demonstrate that they misrepresented to you that the car had been checked over and given a clean bill of health before you bought it, you might struggle to pin that on them.

The key in these kind of situations is not so much legal as practical - make a nuisance of yourself for long enough and they'll probably meet you at least halfway. Demand to see the dealer principal and then make a song and dance (very loudly) in the showroom about the appalling level of service you've received - you can bet your life that they won't want that happening in front of prospective customers.

If worst comes to worst, threaten them with small claims litigation. They will either know, or very rapidly find out from their solicitors, that irrespective of whether they won or lost the claim, they would not be able to recover any of their legal costs - that tends to make people rather more amenable to doing a deal to avoid having to incur those costs in the first place.

If you need any more guidance, feel free to drop me a PM or e-mail. I'll be happy to talk you through how small claims hearings (which are very informal and are designed to take place without lawyers present) operate.

Good luck

Dog Biscuit

Concur with Mark. My first Evo VI was a demo model from a dealer that went wrong after a month. Kept on complaining and moaning (after advice from trading standards, consumers association etc) and eventually had full refund. I did try to use logical argument and argue precedent which helped.

Took 3 months as I refused to accept return of the vehicle from them.

Kobe

the question I always have is how much is implied by the "general pitch" they make about used cars - i.e. we check all our used cars are of premium quality and how much is specific about the exact car you bought. If they make a general statement that they check cars - then the implied terms might be enough to induce the customer to make an offer for the car.

after getting a duff 2nd hand Rover from a Rover dealer where they claimed to have "Quality Used Cars" - the actual salesman said that he personally did not to know about damage which the dealer had repaired themselvse, so could not be held accountable.

anyway- a shouting match in the middle of a showroom full of customers was enough to get them to buy back the car after one year - minus my contribution for the use.

Linus

Thanks guys,

I didn't specifically look at the discs on the car since I thought buying from an authorized dealer would give me some comfort (ie. I wouldn't need to check the vehicle as thoroughly as if I was buying privately)

When I picked the car up I got the Honda used car checklist, can't remember if it covered brake discs specifically, but I am sure there was something about the brakes on it (you would hope so!). The Honda used car scheme harps on about how the vehicles are flly checked and undergo an AA inspection so I hope they will not give me any hassle on that front (and I can't believe that brake discs would corrode in 3 months!).

Thanks for the offer of advice Mark, I am taking the car in to be checked out on Saturday so I may well be in touch afterwards (although I hope not...if you know what I mean).

cheshire_carper

I don`t think they will have a leg to stand on. It depends how much the mileage has increased since purchase or if there are visible signs of mistreatment.

Stand your case, argue your point. You will get the result you want.

Linus

Thanks cheshire - 2k miles, and I would never mistreat my motor!

I feel an addition to the dealer rating table coming on.....

douglasr

The buzzing clutch and notchy gearchange are nothing to do with the oil filter - how could that be when the gearbox has its own oil and the clutch has to be oil free to work !!!

Ask them about TSB054 and 055 (that Honda Technical Service Bulletin to you and me)...check with the previous dealer to see if they were done, if not, get them done.

As for the disks, well I'm afraid they are a consumable item, no question about it. If you buy a car from a main dealer, it is generally expected that the disks and pads should last until the next service. The general minimum period if the car is bought of a non franchised forecourt is, you guessed it, about 3 months.

Your argument is with the supplying dealer - I would initially suggest to them that they pay for the lot, if you get a very negative response, suggest a compromise where they pay for the parts, you pay the labour...they may go for it...only start threatening them as a last resort - dont get angry, reason your case logically - if you have to resort to writin to them, keep a copy, or CC Honda Customer Services.

microbe

I menioned these problems at my 1st service 10 days ago and I will be getting the gearbox, clutch and all 4 wheels changed under warranty next week.

I am concerned you had these problems with Brighton Honda as a number of us in this area were hoping that they would be an improvement on other local dealers